SB8: Bill Text

SB8,12,4 1. In the case of a member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, an injury or illness that was incurred by the member in the line of duty while on active duty in the U.S. armed forces, or that existed before the beginning of the member's active duty and was aggravated by service in the line of duty while on active duty in the U.S. armed forces, and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating.

SB8,12,14 2. In the case of a veteran who was a member of the U.S. armed forces, including a member of the national guard or a reserve component of the U.S. armed forces, at any time during the 5 years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy for an injury or illness that was incurred by the veteran in the line of duty while on active duty in the U.S. armed forces, or that existed before the beginning of the veteran's active duty and was aggravated by service in the line of duty while on active duty in the U.S. armed forces, a qualifying illness or injury, as determined by the department, that was so incurred or aggravated, whether the illness or injury manifested itself before or after the end of the veteran's active duty.

SB8, s. 17 Section 17. 103.10 (1) (h) of the statutes is amended to read:

SB8,12,16 103.10 (1) (h) "Spouse" means an employee's legal husband or wife.

SB8, s. 18 Section 18. 103.10 (1) (i) of the statutes is created to read:

SB8,12,18 103.10 (1) (i) "Veteran" has the meaning given in 38 USC 101 (2).

SB8, s. 19 Section 19. 103.10 (2) (a) of the statutes is amended to read:

SB8,12,23 103.10 (2) (a) Nothing in this section prohibits an employer from providing employees with rights to family leave or, medical leave which, or service member family leave that are more generous to the employee than the rights provided under this section.

SB8, s. 20 Section 20. 103.10 (2) (am) of the statutes is created to read:

SB8,13,5 103.10 (2) (am) 1. Nothing in this section diminishes the obligation of an employer to comply with a collective bargaining agreement or employee benefit program or plan under which the employer provides employees with rights to family leave, medical leave, or service member family leave that are more generous to the employee than the rights provided under this section.

SB8,13,8 2. A collective bargaining agreement or employee benefit program or plan may not limit or diminish any rights to family leave, medical leave, or service member family leave provided under this section.

SB8, s. 21 Section 21. 103.10 (2) (c) of the statutes is amended to read:

SB8,13,16 103.10 (2) (c) This section only applies to an employee who has been employed for at least 12 months by the same employer for more than 52 consecutive weeks from which leave under sub. (3) is requested and who worked for the that employer for at least 1,000 1,250 hours during the preceding 52-week 12-month period. This section does not apply to an employee who is employed at a worksite at which the employer employs less than 50 employees if the total number of employees employed by the employer within 75 miles of that worksite is less than 50.

SB8, s. 22 Section 22. 103.10 (3) (title) of the statutes is repealed and recreated to read:

SB8,13,18 103.10 (3) (title) Leave requirement.

SB8, s. 23 Section 23. 103.10 (3) (a) 1. of the statutes is renumbered 103.10 (3) (a) (intro.) and amended to read:

SB8,13,23 103.10 (3) (a) (intro.) In a 12-month period no an employee may take more than 6 12 weeks of family leave under par. (b) 1. and 2. for any one or more of the following reasons:

SB8, s. 24 Section 24. 103.10 (3) (a) 2. of the statutes is repealed.

SB8, s. 25 Section 25. 103.10 (3) (a) 3. of the statutes is repealed.

SB8, s. 26 Section 26. 103.10 (3) (a) 5. of the statutes is created to read:

SB8,14,5 103.10 (3) (a) 5. Because of any qualifying exigency, as determined by the department by rule, arising out of the fact that the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty.

SB8, s. 27 Section 27. 103.10 (3) (am) of the statutes is created to read:

SB8,14,14 103.10 (3) (am) In a 12-month period an employee who is the spouse, child, parent, domestic partner, or next of kin of a covered service member may take 26 weeks of leave to care for the covered service member. Leave under this paragraph may be taken only during a single 12-month period. In a 12-month period in which leave is taken under this paragraph, an employee may take a combined total of 26 weeks of leave under this paragraph and par. (a). This paragraph does not limit the amount of leave that an employee may take under par. (a) in any other 12-month period.

SB8, s. 28 Section 28. 103.10 (3) (b) (intro.) of the statutes is repealed.

SB8, s. 29 Section 29. 103.10 (3) (b) 1. of the statutes is renumbered 103.10 (3) (a) 1m. and amended to read:

SB8,14,20 103.10 (3) (a) 1m. The Because of the birth of the employee's natural biological child, if the leave begins is taken to care for the child and the leave ends within 16 weeks of 12 months after the child's birth.

SB8, s. 30 Section 30. 103.10 (3) (b) 2. of the statutes is renumbered 103.10 (3) (a) 2m. and amended to read:

SB8,15,2 103.10 (3) (a) 2m. The Because of the placement of a child with the employee for adoption or as a precondition to adoption under s. 48.90 (2), but not both, or for foster care, if the leave begins ends within 16 weeks of 12 months after the child's placement.

SB8, s. 31 Section 31. 103.10 (3) (b) 3. of the statutes is renumbered 103.10 (3) (a) 3m.

SB8, s. 32 Section 32. 103.10 (3) (c) of the statutes is repealed.

SB8, s. 33 Section 33. 103.10 (3) (cm) of the statutes is created to read:

SB8,15,10 103.10 (3) (cm) 1. If a husband and wife are entitled to leave under par. (a) and are employed by the same employer, the employer may limit the aggregate number of weeks of leave that the husband and wife may take for the birth or placement of a child under par. (a) 1m. or 2m. or to care for a parent who has a serious health condition under par. (a) 3m. to 12 weeks during any 12-month period.

SB8,15,17 2. If a husband and wife are entitled to leave under par. (am) and are employed by the same employer, the employer may limit the aggregate number of weeks of leave that the husband and wife may take under par. (am), or under par. (am) and under par. (a) for the reasons specified in subd. 1. combined, to 26 weeks during the 12-month period in which the leave under par. (am) is taken. If the leave taken by a husband and wife includes leave under par. (a) for the reasons specified in subd. 1., the limitation under subd. 1. applies to that leave.

SB8, s. 34 Section 34. 103.10 (3) (d) of the statutes is repealed.

SB8, s. 35 Section 35. 103.10 (3) (dm) of the statutes is created to read:

SB8,16,4 103.10 (3) (dm) 1. An employee may not take leave under par. (a) 1m. or 2m. intermittently or on a reduced-leave schedule unless agreed to by the employer. Subject to subd. 2. and subs. (6) (b) and (7) (b) 5. or 7., whichever is applicable, an employee may take leave under par. (a) 3m. or 4. or (am) intermittently or on a reduced-leave schedule when medically necessary. Subject to sub. (6) (c) and (7) (f), an employee may take leave under par. (a) 5. intermittently or on a reduced-leave schedule. If an employee takes leave intermittently or on a reduced-leave schedule, the employee's employer may not reduce the amount of leave under par. (a) to which the employee is entitled by an amount that is beyond the amount of leave actually taken.

SB8,16,11 2. If an employee requests intermittent leave or leave on a reduced-work schedule under par. (a) 3m. or 4. or (am) that is foreseeable for planned medical treatment, the employer may require the employee to transfer temporarily to an alternative position offered by the employer for which the employee is qualified if that alternative position has equivalent pay and employment benefits and if that alternative position accommodates intermittent periods of leave or leave on a reduced-leave schedule better than the employee's regular position does.

SB8, s. 36 Section 36. 103.10 (4) (title) of the statutes is repealed.

SB8, s. 37 Section 37. 103.10 (4) (a) of the statutes is renumbered 103.10 (3) (a) 4. and amended to read:

SB8,16,18 103.10 (3) (a) 4. Subject to pars. (b) and (c), an employee who has Because of a serious health condition which that makes the employee unable to perform his or her employment duties may take medical leave for the period during which he or she is unable to perform those duties the functions of the employee's position.

SB8, s. 38 Section 38. 103.10 (4) (b) of the statutes is repealed.

SB8, s. 39 Section 39. 103.10 (4) (c) of the statutes is repealed.

SB8, s. 40 Section 40. 103.10 (5) (a) of the statutes is amended to read:

SB8,16,24 103.10 (5) (a) This Except as provided in pars. (b) to (d), this section does not entitle an employee to receive wages or salary while taking family leave or medical leave under sub. (3) (a) or (am).

SB8, s. 41 Section 41. 103.10 (5) (b) of the statutes is amended to read:

SB8,17,5 103.10 (5) (b) An employee may elect, or an employer may require an employee, to substitute, for portions of family leave or medical leave, paid or unpaid leave of any other type for any part of the leave provided under sub. (3) (a) 1m., 2m., 3m., or 5., any paid vacation leave, paid personal leave, or paid family leave provided by the employer that the employee has accrued.

SB8, s. 42 Section 42. 103.10 (5) (c) of the statutes is created to read:

SB8,17,12 103.10 (5) (c) An employee may elect, or an employer may require an employee, to substitute, for any part of the leave provided under sub. (3) (a) 3m. or 4., any paid vacation leave, paid personal leave, or paid sick leave provided by the employer that the employee has accrued, except that an employer is not required to provide paid sick leave in any situation in which the employer would not normally provide paid sick leave.

SB8, s. 43 Section 43. 103.10 (5) (d) of the statutes is created to read:

SB8,17,19 103.10 (5) (d) An employee may elect, or an employer may require an employee, to substitute, for any part of the leave provided under sub. (3) (am), any paid vacation leave, paid personal leave, paid family leave, or paid sick leave provided by the employer that the employee has accrued, except that an employer is not required to provide paid sick leave in any situation in which the employer would not normally provide paid sick leave.

SB8, s. 44 Section 44. 103.10 (6) (a) of the statutes is amended to read:

SB8,18,3 103.10 (6) (a) If an employee intends to take family leave for the reasons in under sub. (3) (b) 1. or 2. (a) 1m. or 2m. that is foreseeable because of the expected birth or placement of a child, the employee shall, in a reasonable and practicable manner, give the employer advance notice of the expected birth or placement employee's intention to take that leave not less than 30 days before the date on which the leave is to begin, except that, if the date of the birth or placement requires the leave to begin in less than 30 days, the employee shall provide that notice to the employer in a reasonable and practicable manner.

SB8, s. 45 Section 45. 103.10 (6) (b) (intro.) of the statutes is amended to read:

SB8,18,10 103.10 (6) (b) (intro.) If an employee intends to take family leave under sub. (3) (a) 3m. or 4. or (am) that is foreseeable because of the planned medical treatment or supervision of the employee or of a child, spouse, domestic partner, or parent, or intends to take medical leave because of the planned medical treatment or supervision covered service member of the employee, the employee shall do all of the following:

SB8, s. 46 Section 46. 103.10 (6) (b) 1. of the statutes is amended to read:

SB8,18,15 103.10 (6) (b) 1. Make a reasonable effort to schedule the medical treatment or supervision so that it does not unduly disrupt the employer's operations, subject to the approval of the health care provider of the child, spouse, domestic partner, parent, covered service member, or employee.

SB8, s. 47 Section 47. 103.10 (6) (b) 2. of the statutes is amended to read:

SB8,18,21 103.10 (6) (b) 2. Give the employer advance notice of the medical treatment or supervision employee's intention to take that leave not less than 30 days before the leave is to begin, except that, if the date of the treatment requires the leave to begin in less than 30 days, the employee shall provide that notice to the employer in a reasonable and practicable manner.

SB8, s. 48 Section 48. 103.10 (6) (c) of the statutes is created to read:

SB8,19,2 103.10 (6) (c) If the employee intends to take leave under sub. (3) (a) 5., that is foreseeable because the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty, the employee shall provide notice of that intention to the employer in a reasonable and practicable manner.

SB8, s. 49 Section 49. 103.10 (7) (a) of the statutes is amended to read:

SB8,19,10 103.10 (7) (a) If an employee requests family leave for a reason described in under sub. (3) (b) 3. or requests medical leave (a) 3m. or 4. or (am), the employer may require the employee to provide certification, as described in par. (b), issued by the health care provider or Christian Science practitioner of the child, spouse, domestic partner, parent, covered service member, or employee, whichever is appropriate, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB8, s. 50 Section 50. 103.10 (7) (b) 3m. of the statutes is created to read:

SB8,19,15 103.10 (7) (b) 3m. If the employee requests leave under sub. (3) (a) 3m., a statement that the employee is needed to care for a child, spouse, domestic partner, or parent who has a serious health condition and an estimate of the amount of time that the employee is needed to care for the child, spouse, domestic partner, or parent.

SB8, s. 51 Section 51. 103.10 (7) (b) 4. of the statutes is amended to read:

SB8,19,19 103.10 (7) (b) 4. If the employee requests medical leave, an explanation of the extent to which under sub. (3) (a) 4., a statement that the employee is unable to perform his or her employment duties the functions of the employee's position.

SB8, s. 52 Section 52. 103.10 (7) (b) 5. of the statutes is created to read:

SB8,19,24 103.10 (7) (b) 5. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 3m. or 4. for planned medical treatment, the dates on which that treatment is expected to be given and the duration of that treatment.

SB8, s. 53 Section 53. 103.10 (7) (b) 6. of the statutes is created to read:

SB8,20,6 103.10 (7) (b) 6. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 3m., a statement that the intermittent leave or leave on a reduced-leave schedule is necessary for the care of a child, spouse, domestic partner, or parent who has a serious health condition or will assist in the recovery of the child, spouse, domestic partner, or parent, and the expected duration and schedule of the intermittent leave or leave on a reduced-leave schedule.

SB8, s. 54 Section 54. 103.10 (7) (b) 7. of the statutes is created to read:

SB8,20,11 103.10 (7) (b) 7. If the employee requests intermittent leave or leave on a reduced-leave schedule under sub. (3) (a) 4., a statement of the medical necessity for the intermittent leave or leave on a reduced-leave schedule, and the expected duration of the intermittent leave or leave on a reduced-leave schedule.

SB8, s. 55 Section 55. 103.10 (7) (c) of the statutes is amended to read:

SB8,20,19 103.10 (7) (c) The If the employer has reason to doubt the validity of a certification provided under par. (a) for leave under sub. (3) (a) 3m. or 4., the employer may require the employee to obtain the opinion of a 2nd health care provider, chosen or Christian Science practitioner, designated or approved and paid for by the employer, concerning any information certified under par. (b). A health care provider or Christian Science practitioner designated or approved under this paragraph may not be employed on a regular basis by the employer.

SB8, s. 56 Section 56. 103.10 (7) (d) of the statutes is created to read:

SB8,21,2 103.10 (7) (d) If a 2nd opinion obtained under par. (c) differs from the opinion in the certification provided under par. (a), the employer may require the employee to obtain the opinion of a 3rd health care provider or Christian Science practitioner, designated or approved by the employer and employee jointly and paid for by the employer, concerning any information certified under par. (b). The employer and employee shall accept the 3rd opinion obtained under this paragraph as final and binding upon them.

SB8, s. 57 Section 57. 103.10 (7) (e) of the statutes is created to read:

SB8,21,5 103.10 (7) (e) The employer may require that an employee obtain recertifications after the original certification under par. (b) on a reasonable basis.

SB8, s. 58 Section 58. 103.10 (7) (f) of the statutes is created to read:

SB8,21,12 103.10 (7) (f) If an employee requests leave under sub. (3) (a) 5., the employer may require the employee to provide certification that the spouse, child, domestic partner, or parent of the employee is on covered active duty or has been notified of an impending call or order to covered active duty issued at such time and in such manner as the department may prescribe by rule, and the employee shall provide a copy of that certification to the employer in a timely manner.

SB8, s. 59 Section 59. 103.10 (8) (a) (intro.) of the statutes is amended to read:

SB8,21,18 103.10 (8) (a) (intro.) Subject to Except as provided in par. (c) (e), when an employee returns from family leave or medical leave who takes leave under sub. (3) (a) or (am) for the purpose for which that leave is intended returns from that leave, his or her employer shall immediately place the employee in an employment position as follows:

SB8, s. 60 Section 60. 103.10 (8) (a) 1. of the statutes is amended to read:

SB8,21,22 103.10 (8) (a) 1. If In the employment position which that the employee held immediately before when the family leave or medical leave began is vacant when the employee returns, in that position.

SB8, s. 61 Section 61. 103.10 (8) (a) 2. of the statutes is amended to read:

SB8,22,3 103.10 (8) (a) 2. If the employment position which the employee held immediately before the family leave or medical leave began is not vacant when the employee returns, in In an equivalent employment position having equivalent compensation, employment benefits, working shift, hours of employment and other terms and conditions of employment.

SB8, s. 62 Section 62. 103.10 (8) (b) of the statutes is amended to read:

SB8,22,8 103.10 (8) (b) No employer may, because an employee received family leave or medical leave under sub. (3) (a) or (am), reduce or deny an employment benefit which that accrued to the employee before his or her the leave began or, consistent with sub. (9), accrued after his or her leave began.

SB8, s. 63 Section 63. 103.10 (8) (c) of the statutes is repealed.